Ontario Review Board
Re: Alexander Farinha-Henry
ORB File No: 8798/8817
Hearing held on: Monday, July 28, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg
Members: Dr. A. Park Dr. A. Kerry Mr. R. Bigelow Mr. J. Cyr
Parties Appearing:
Accused: Alexander Farinha-Henry Counsel: Mr. A. Rastgou
The person in charge of hospital: Counsel: Ms. A. Marshall
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated August 25, 2025)
On May 28, 2025, Mr. Farinha-Henry was found not criminally responsible by reason of mental disorder on a charge of assault and forcible confinement. The judge issued a Warrant of Committal directing Mr. Farinha-Henry to be detained at the Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”) and directed further that the Ontario Review Board conduct the initial Disposition hearing.
The Board understands that on June 20, 2025, Mr. Farinha-Henry was found not criminally responsible by reason of mental disorder on charges of robbery with violence, assault causing bodily harm and theft under $5000.
On Monday, July 28, 2025, the Ontario Review Board convened a hearing at Ontario Shores and conducted the initial Disposition hearing with respect to the above-noted charges.
We note that Mr. Farinha-Henry was present with his counsel, Mr. Aria Rastgou. We note further that Mr. Farinha-Henry’s mother and father were both in attendance at the hearing.
Position of the Parties:
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Ms. Marshall appeared for Ontario Shores. She advised of the hospital position that Mr. Farinha-Henry remains a significant threat to public safety, and if the Board so finds, the hospital is recommending that Mr. Farinha-Henry be detained within the Forensic Program at Ontario Shores with privileges up to and including community living and with a number of prohibitions.
Ms. Marshall advised that if the Board chose to specify the levels of security in connection with this Disposition, the hospital would be recommending a Detention Order to the Secure Forensic Service at Ontario Shores but with discretion given to the person in charge to transfer Mr. Farinha-Henry to the General Forensic Service should his improved condition justify such a transfer.
Ms. MacDonald appeared for the Crown Attorney. She anticipated supporting the hospital’s recommendation.
Mr. Rastgou advised that he was asking for his client to be discharged subject to a number of conditions. In response to a question from the Alternate Chair as to where Mr. Farinha-Henry would live should the Board grant a Conditional Discharge, Mr. Rastgou stated his understanding that his client would be able to live with his father. Mr. Rastgou also indicated that as part of a Conditional Discharge, his client would agree to take medication and also would agree to a prohibition against the use of substances.
Index Offences:
- "The following was obtained from the Toronto Police Service Synopsis for Plea dated July 13, 2023:
On July 13, 2023, at approximately 11:50 am, the victim was completing an Uber delivery on his motorized bicycle around 188 Doris Ave, in the City of Toronto, when he was suddenly attacked by Mr. Farinha-Henry and thrown to the ground in an unprovoked attack. Mr. Farinha-Henry mounted the victim and started punching him repeatedly face, causing him to sustain a laceration under the right eye and bleeding from his face.
Mr. Farinha-Henry stole the victim's electric bicycle which contained the victim's Apple Air pod left earbud, along with an attached bag containing his house keys. Mr. Farinha-Henry fled the scene on the victim's bicycle. Police attended the scene and were able to track the earbud on the victim's phone. Officers attended the area of 173 Beechwood Ave where the observed Mr. Farinha-Henry riding the victim's electric bicycle. Upon seeing the uniform police car, Mr. Farinha-Henry tried to get away from the officers, however he was arrested a short distance away.
Mr. Farinha-Henry was placed under arrest and provided his Right to Counsel. Mr. Farinha-Henry was transported to 32 Division, where he was held for a show cause bail hearing.
The victim was transported to North York General Hospital for treatment of his facial injuries. The victim’s injuries included a laceration under the right eye. The results of the CT scan of the victim’s face were pending at the authoring of the synopsis.
The following was obtained from the Durham Regional Police Service Plea Synopsis dated March 29, 2024:
On March 29, 2024, Mr. Farinha-Henry’s mother Michelle, the victim of the alleged offence, was at her residence, located at 82 Dooley Crescent, Pickering, in the kitchen cooking before attending her friend’s house for Easter when Mr. Farinha-Henry made allegations that she had stolen lottery tickets from him. Mr. Farinha-Henry grabbed his mother’s face and brought her over to the basement stairs where he dangled her over the stairs and stated he could drop her at any moment. Mr. Farinha-Henry forced his mother into the basement where he blocked the stairs with his body and did not allow her to leave, telling his mother to sit down and stay where she was. Mr. Farinha-Henry went back upstairs and grabbed a large kitchen knife and held it to his mother’s neck. Mr. Farinha-Henry then pinned his mother against the wall using his arm across her neck restricting her airflow, causing his mother to blackout at one point. In addition, Mr. Farinha-Henry began stabbing the insulation just above his mother’s head saying that he wanted to kill her. Mr. Farinha-Henry ‘s mother was fearful and had visible injuries that corroborated with her story.”
Evidence at Hearing:
The Board admitted into evidence a number of documents, most of which had been filed in the court proceedings. These include the Release Order dated July 14, 2023, Ontario Shores’ Reports from May 15, 2025, May 26, 2025, and finally the most current Ontario Shores Hospital Report dated July 7, 2025 were made exhibits in this hearing, it is not necessary to reproduce the information contained in the Hospital Report in these Reasons.
We do note, however, the stated diagnoses of:
Schizophrenia
Cannabis Use Disorder, in sustained remission in a controlled environment.
In addition to the documentary evidence, the Board heard from Dr. Hartfeil. Dr. Hartfeil noted that she is Mr. Farinha-Henry’s attending psychiatrist in connection with the two sets of charges. Dr. Hartfeil drew the Board’s attention to events set out on page 21 of the Hospital Report shortly after Mr. Farinha-Henry’s admission to Ontario Shores. He initially was polite and pleasant in interactions. On March 27, however, Mr. Farinha-Henry was found to be concealing plastic items and utensils including a fork and knife. He was then transferred to the Psychiatric Intensive Care Unit (PICU). The Hospital Report notes there were periods of unprovoked agitation and aggression with no identifiable external triggers.
Dr. Hartfeil testified that at the present time, Mr. Farinha-Henry should be detained on a Secure Forensic Unit. He does need the level of supervision and the level of staff that is only available on a Secure Forensic Unit.
Dr. Hartfeil is confident, however, that with appropriate treatment, her patient’s conduct and mental status would improve to the point where the clinical team could recommend that this patient be transferred to a General Forensic Unit.
The doctor noted some difficulties in connection with Mr. Farinha-Henry accepting treatment. The hospital was treating Mr. Farinha-Henry with injectable medication. We note that the hospital finds that this patient is incapable of making treatment decisions. We were told that Mr. Farinha-Henry’s mother is the Substitute Decision Maker. As noted, she was present at this hearing. On the first occasion when Mr. Farinha-Henry was to receive his injection, it was necessary to have security attend in order to administer the medication. On the next occasion, Mr. Farinha-Henry resisted the injection but it was not necessary to get assistance from security.
The doctor noted that previously, Mr. Farinha-Henry was being treated with oral medication but that he would usually spit out that medication. At times, he would take his medication, hide under a blanket, and the doctor believes he would then spit out the medication.
The doctor stresses Mr. Farinha-Henry’s general lack of insight as well as lack of insight specifically with respect to his need for medication. At times, Mr. Farinha-Henry says he would like to go back to oral medication, but the doctor is concerned that he would once again spit out any oral medication. It appears an arrangement was made whereby Mr. Farinha-Henry would continue on injectable medication but at a lower dose. The doctor needs more time to assess the effectiveness of this lower dose of medication.
Mr. Farinha-Henry has no appreciation for his need for medication and, if left on his own, he would not take any medication.
Given Mr. Rastgou’s request for a Conditional Discharge, Dr. Hartfeil stated her opinion that at the present time, Mr. Farinha-Henry needs to be in hospital and absolutely needs to be subject to a Detention Order. The Detention Order is necessary in order to manage Mr. Farinha-Henry’s risk to public safety.
The doctor was asked about the ability to return Mr. Farinha-Henry to hospital should he be under a Conditional Discharge. The doctor noted that perhaps he could be returned to hospital under the Box B criteria of the Mental Health Act (MHA), but the hospital would not be able to keep Mr. Farinha-Henry in hospital for the necessary period.
The doctor’s attention was drawn to the clinical assessment of risk. We note the following:
“Mr. Farinha-Henry’s most salient risk factor for re-offence is his major mental illness (schizophrenia), of which is still experiencing active symptoms, and into which he has no insight. Of further concern is Mr. Farinha-Henry’s history of substance use, which has remained in sustained remission in a highly controlled environment. The use of substances, including cannabis, would likely destabilize Mr. Farinha-Henry and contribute to a worsening of his psychotic symptoms and risk.”
The Board also notes statements that “potential victims would include family members who are incorporated into Mr. Farinha-Henry’s delusional system”.
In response to questions from Crown counsel, Dr. Hartfeil acknowledged that Mr. Farinha-Henry’s mother was the victim of the index offence. The doctor accepts that although he has contact with his mother, Mr. Farinha-Henry continues to believe that his mother was collaborating with individuals who intended to harm him. The doctor accepts that Mr. Farinha-Henry’s paranoia towards his mother led to the events of the index offence. The doctor agrees that the assault of his mother was a “very serious index offence”.
The doctor noted some positive factors. Her patient is “very intelligent”, he does not have any prior criminal convictions, and he does not display any personality disorders. Notwithstanding the above positive features, Dr. Hartfeil repeated that a Detention Order is both necessary and appropriate.
In response to questions from Mr. Rastgou, Dr. Hartfeil anticipates that with ongoing medication compliance, she would expect Mr. Farinha-Henry to be ready to move to a General Forensic Unit in this next reporting period and even be ready to move into the community in this next reporting period. In response to questions from Mr. Rastgou, Dr. Hartfeil opined that a move to a General Forensic Unit could occur in a matter of months.
No other evidence was called on behalf of the hospital.
The Crown did not call evidence.
Mr. Farinha-Henry testified. Mr. Farinha-Henry acknowledged he had spent some years as a professional actor. He now prefers to consider obtaining a master’s degree, specifically, a master’s degree concerning information technology.
Mr. Farinha-Henry does not agree with the diagnosis. Mr. Farinha-Henry noted that he is on a unit with a number of patients, most of whom are clearly suffering from schizophrenia, and when he compares himself to those patients, it reinforces his view that he does not suffer from a major mental illness. Mr. Farinha-Henry does not agree that he needs medication and stated clearly that if he was not required to do so, he would not take medication.
In response to questions from Ms. MacDonald, Mr. Farinha-Henry acknowledged that his mother was the victim of one of the index offences but disputes some of the facts surrounding that assault.
Mr. Adrian Henry, the patient’s father, testified. He noted that he raised his son and it would be a great pleasure to have his son come and live with him. Mr. Henry noted he has lived at the same location in North York for the last 43 years. He recently retired from his employment and Mr. Henry stated that he would “be there” for his son and that his son is “a good kid” and never gets into trouble.
In response to questions from Crown counsel, Mr. Henry acknowledged that over the past little while after his son was treated on medication, there was a 100 percent improvement. Mr. Henry believes that his son would do much better simply living with his family. Mr. Henry does not accept that his son suffers from schizophrenia.
No other evidence was heard at this hearing.
Final Submissions:
Ms. Marshall urged the panel to accept the doctor’s evidence. Ms. Marshall noted that all three parties accept that at the present time, Mr. Farinha-Henry remains a significant threat to public safety. It is the hospital’s position that Mr. Farinha-Henry’s threat to public safety can only be managed with a Detention Order and there is no air of reality for consideration of a Conditional Discharge. Ms. Marshall asked the panel to accept the doctor’s evidence that at the present time, the patient requires to be detained in hospital.
Ms. MacDonald agreed with the hospital’s position.
When it was Mr. Rastgou’s turn for submissions, the Alternate Chair questioned whether his client would consent to take treatment pursuant to s. 672.55(1) as part of a Conditional Discharge. Mr. Rastgou met privately with his client and advised that his client would do so. Mr. Farinha-Henry reminded the panel of the father’s evidence that he would be willing and happy to have Mr. Farinha-Henry live with him immediately.
Findings of the Board:
The Board accepts without reservation the evidence of Dr. Hartfeil and the evidence contained in the Hospital Report. In particular, we accept, quite apart from the parties’ joint position, that Mr. Farinha-Henry remains a significant threat to public safety. We note the serious nature of both sets of index offences. They involve violence and they are relatively recent in time. We have no doubt that Mr. Farinha-Henry remains a significant threat to public safety. The Board also is unanimous in our finding that there is no air of reality to consideration of a Conditional Discharge. We accept the doctor’s evidence that at the present time, Mr. Farinha-Henry’s threat to public safety can only be managed with a Detention Order and with Mr. Farinha-Henry remaining in hospital.
Our Disposition shall direct that Mr. Farinha-Henry be detained in a Secure Forensic Unit but we do grant discretion to the person in charge to transfer Mr. Farinha-Henry to a General Forensic Unit when his improved conduct justifies such a transfer. Our Disposition shall also include the ability to live in the community in approved accommodation. This will leave it open to the hospital when the appropriate time is reached to conduct an assessment as to whether or not the father’s residence would be an appropriate residence for Mr. Farinha-Henry. We agree with the proposed prohibitions. We note that cannabis use has been a problem historically and we would anticipate that when this gentleman is living in the community, there will be frequent urine drug testing to ensure compliance with the prohibition against the use of substances.
We agreed with the doctor’s comments that Mr. Farinha-Henry is very intelligent. We would hope that Mr. Farinha-Henry’s intelligence will lead him to accept the advice he is getting from the clinical team and accept his need for appropriate levels of medication.
In reaching our Disposition, the Board has taken into consideration public safety, Mr. Farinha-Henry’s mental condition and his other needs, and Mr. Farinha-Henry’s reintegration into society.
DATED this 25^th^ day of August, 2025, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg Alternate Chairperson Office of the Registrar Ontario Review Board